RDM’s Roundup

The first thing I do when I wake up is read my ECF digest email to see what was filed in our cases during the previous twenty-four hours. This is both good and bad. If nothing ugly was filed, I jump out of bed. If an opposition or motion for relief was filed, I take my time. There is nothing more frustrating than receiving an opposition to a motion I have slaved over which either completely misstates the relief I am seeking (Hello, senior lienholder! I know it is debtor’s principal residence – I am obviously filing the valuation motion to ultimately deal with a fully unsecured junior lien in the plan!), or calls my client a scum bag (filing bankruptcy to stop a foreclosure sale is not, by itself, bad faith!).

It is easy to get insulted by oppositions – sometimes it feels personal – like the statements made are directed at moi, not my client. I often find that if I read an opposition, then let it sit for a day or two, then read it again that the words I initially understood to mean “go jump off a cliff” now read more along the lines of “bungee jump off a cliff.” However, this is not always true – most of us know attorneys who file scathing pleadings but are super easy to deal with in person. That stuff confuses me – reminds me of internet trolls. It is easy to be a jerk behind the computer screen but much harder to be that direct and insulting in person.

On another note, please take notice that Chapter 7 Trustee John Menchaca has announced that if you are not in the examination room at roll call your case will be continued. Lateness is not excused.

I always explain to clients that the Bankruptcy Schedules and Statements are meant to paint a complete picture of their current and past financial history. To that end, I am pretty excited about the new national forms. It will take some adjusting to an eight page petition, Schedules A and B being combined, etc., but the new forms are just so much more helpful – disclose, disclose, disclose!

-rdm

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